VBA BANKRUPTCY LAW SECTION

BENCH-BAR BROWN BAG LUNCH MEETING with Hon. Colleen A. Brown, U.S. Bankruptcy Judge

United States Bankruptcy Court, Burlington Wednesday, April 11, 2018 ~ 12:00 - 1:00 PM

Dial-in number: (888) 398-2342. Access code: 846 68 72# If you dial into the meeting, please use your “mute” function, unless speaking.

AGENDA 1. NEW CHAPTER 13 CONFIRMATION ORDER - 12:00 PM JAN SENSENICH See attachment Send comments / questions to ch 13 trustee

2. POSSIBLE EXPANSION OF JOINTLY PROPOSED SCHEDULING ORDER JUDGE BROWN See attachment (Form X) Form has been updated and expanded: Is this useful or too much?

3. PRACTICE TIP re VT. LBR 4001-7(d)(7) JUDGE BROWN Mediators need to send a copy of their Final Rpt of Mediation to

James Layman at Vermont AG’s office: james.layman@vermont.gov CM event is modified to include a reminder to mediator upon filing of

the Final Report of Mediation

4. CLERK’S OFFICE UPDATES: THERESA DAVIDSON & JODY KENNEDY April 20, 2018 Rutland Motion Calendar moved to April 27, 2018 June 6, 2018 Burlington Motion Calendar moved to June 5, 2018 Judge Brown, the court managers, AUST & case trustees met on 4/2/18 &

the Federal Court advisory committee met on 3/30/18 (for their regular semi-annual meetings)

The Clerk will present highlights of those meetings, focusing on any discussions affecting bk’cy practice in this District, at the 6/8/18 BB

5. INTRODUCTION TO UPSOLVE 12:15 PM JUDGE BROWN & JONATHAN PETTS See attachment describing Upsolve Upsolve will work with Law Lines to assist low-income Vermonters

to file no-asset chapter 7 cases pro se Stacey Francese will be attorney contact at Law Lines first Upsolve cases expected in next month or so

These Bench-Bar lunch meetings are coordinated by the Bankruptcy Court.

They are free and no pre-registration is required. Have a question about them? Contact Maria Dionne @ 802-657-6432 or maria_dionne@vtb.uscourts.gov

UNITED STATES BANKRUPTCY COURTDISTRICT OF VERMONT

______________________________________________In re: ______________________________________________

Chapter 13Case No. _______

Debtor.______________________________________________

Appearances:The attorney for the debtor, The Chapter 13 Trustee, Other appearances:

Jan M. Sensenich

FINDINGS AND ORDER CONFIRMING CHAPTER 13 PLAN

A hearing on confirmation of the debtor's1 chapter 13 Plan dated October 17, 2017, was held onSeptember 13, 2017.

Based upon the record in this case and the evidence presented at the hearing, and after dueconsideration of the chapter 13 Plan, the chapter 13 trustee’s preliminary report, any objections to thePlan, and the arguments presented at the confirmation hearing both in support of and opposition to thePlan,

THE COURT MAKES THE FOLLOWING FINDINGS:i. The Plan complies with the provisions of chapter 13, and all other applicable provisions of the

Bankruptcy Code, as well as this Court’s local rules, and judicial rulings.

ii. All fees, charges, or amounts required to be paid before confirmation of the Plan or by the provisions ofTitle 28, United States Code, have been paid.

iii. The Plan has been proposed in good faith and not by any means forbidden by law.

iv. As of the effective date of the Plan, the value of property to be distributed under the Plan for eachallowed unsecured claim is not less than the amount that would be paid on such claim if the estate of thedebtor were liquidated under chapter 7 of the Bankruptcy Code on such date.

v. With respect to each allowed secured claim provided for in the Plan, the treatment complies with 11U.S.C. §1325(a)(5).

vi. The debtor will be able to make all Plan payments and to comply with the Plan.

vii. The debtor filed this case in good faith.

viii. The debtor is current on all domestic support obligations.

ix. The debtor has filed all required tax returns.

x. The Plan has been transmitted to all parties in interest and the notice of the confirmation hearingrequired by Federal Rules of Bankruptcy 2002 and 3015(d) has been given.

xi. The debtor has appeared at all required meetings and hearings and is in compliance with all court ordersissued in this case.

xii. Any filed objections to the Plan not specifically addressed herein are insufficient to warrant denial ofconfirmation of this Plan.

xiii. Debtor’s attorney’s fees proposed in the Plan and set forth below are reasonable.

xiv. The debtor is in full compliance with 11 U.S.C. § 521.

______________________________________________1 In a joint case, the term "debtor" shall refer to both debtors.

I. DESCRIPTION OF THE PLAN AS CONFIRMED

PART 1: ADDITIONAL RELIEF SOUGHT AND AUTHORIZED BY THE PLAN

[ ] Reclassification or reduction in amount of secured claim, a change in the interest rate to be paid on anallowed secured claim, or other modification of the repayment terms of a secured claim, see Part 3.2 ofthe Plan, results in the following treatment of these secured claims: n/a.

[ ] Avoidance of the following judicial liens or nonpossessory, nonpurchase-money security interests, seePart 3.4 of the Plan: n/a.

PART 2A: PLAN PAYMENTS AND LENGTH OF THE PLAN

2.1 Debtor will make regular payments to the trustee as follows:$700.00 monthly for 11 months and then $120,700.00 one time payment and then $700.00 monthly for24 months, see Part 2.4 of the Plan.

2.2 Debtor will make payments in the following manner:[ ] pursuant to a payroll deduction order, the debtor’s employer, Phillips shall withhold funds from each

of the debtor’s paychecks and send the funds, with the debtor’s name and case no. (17-10432),addressed to:

Jan M. Sensenich, chapter 13 trusteeP.O. Box 39, Memphis, TN 38101-0039

[ X ]pursuant to an order authorizing an automatic bank account debit.[ ] other (specify): _____.

If the debtor is making Plan payments through automatic deductions from a bank account, and thedebtor fails to remain current on Plan payments, the chapter 13 trustee may file a proposed payrolldeduction order on notice to the debtor and the debtor’s attorney, and if the debtor fails to object to theorder within ten (10) days of service of the proposed order, the Court may enter that order without ahearing.

2.3 Income Tax Refunds:[ ] Debtor will retain any income tax refunds during the Plan term;[ X ] Debtor will supply the trustee with a copy of each income tax return filed during the Plan term

within 14 days of filing the return and will turn over to the trustee all income tax refunds receivedduring the Plan term; or

[ ] Debtor will treat income tax refunds as follows: _____.

2.4 Additional payments: None.

2.5 The total amount of payments the debtor will make under the Plan: $145,200.00.

PART 2B: AMOUNT OF ESTIMATED TRUSTEE DISBURSEMENTS UNDER THE PLAN

The trustee shall disburse funds paid under the Plan as follows:2

a. Maintenance and cure of payments on secured claims (Part 3, § 3.1)i. Pre-petition mortgage arrearage $ 111,974.00ii. Estimated total of monthly post-petition mortgage payments $ 6,915.30

b. Modified undersecured claims (Part 3, § 3.2 total) $ 0.00c. Secured claims excluded from 11 U.S.C. § 506 (Part 3, § 3.3 total) $ 6,027.05d. Judicial liens or security interests partially avoided (Part 3, § 3.4 total) $ 0.00e. Fees and priority unsecured claims (Part 4 total) $ 17,795.01f. Nonpriority unsecured claims (Part 5, § 5.1, highest stated amount) $ 1,170.63g. Maintenance and cure payments on nonpriority unsecured claims (Part 5, § 5.2 total)$ 0.00h. Separately classified nonpriority unsecured claims (Part 5, § 5.3 total) $ 0.00i. Trustee payments on executory contracts and unexpired leases (Part 6, § 6.1 total) $ 0.00j. Nonstandard Plan payments (Part 8, total) $ 0.00

The total amount the trustee shall disburse under the Plan: $ 145,200.00

______________________________________________2 If there is any difference between the amounts set out in this Order and the terms of the Plan, the terms of this Ordercontrol. The total amounts listed in Part 2B do not include any direct payments made by the debtor, which are included inPart 6 of the Plan.

PART 3: TREATMENT OF SECURED CLAIMS

3.1 Maintenance of payments and cure of defaults, if any:

Name of creditor Collateral Current installment Amt of pre-petition Int rate on Average monthly Plan Total of post-petition

pmt (inc. escrow) arrearage (if any) arrearage (if any) pmt on arrears See Item mtge pmts by trustee

No. 9 in Part III, below) [(amt of install pmt)

x (mos in Plan + 2)]

FLAVIO RIZZO and

VERUSHKA CANTELL $ 493.95 $ 111,974.00 0.00% $ 3,110.39 $ 6,915.30___________________ ________ ________________ _______________ ______________ ____________________ _________________

Disbursed by:

[X] Trustee

[ ] Debtor

3.2 Valuation of security, payment of fully secured claims, modification of undersecured claims.

None

3.3 Secured claims excluded from 11 U.S.C. § 506.

Name of creditor Collateral Amt of claim Int Rate Monthly Plan pmt Estimated total pmts by trusteeCREDITACCEPTANCE CORP. 7024 (05 Honda Pilot) $ 5,607.00 4.75% $ 167.42 $ 6,027.05__________________ __________________ __________ _______ ______________ _________________________

Disbursed by:[X] Trustee[ ] Debtor

See orders entered on 03-15-17 (doc. # 12345678) & 04-17-17 (doc. # 87654321)

3.4 Lien avoidance pursuant to 11 U.S.C. § 522(f) and Federal Rule of Bankruptcy 4003(d).

None

3.5 Surrender of collateral:

Name of creditor CollateralTOWN OF ROCHESTER_____________________ ________

See order entered on 10-01-17 (doc. # 88888888)

PART 4: TREATMENT OF FEES AND PRIORITY UNSECURED CLAIMS

4.1 General: The trustee's fees and all allowed priority claims, including domestic supportobligations, other than those treated in Part 4.5 in the Plan, will be paid in full withoutpost-petition interest.

4.2 Trustee's Fees: The trustee's fees are governed by statute and may change during the course of thecase but are estimated to be 10.00% of Plan payments. During the term of the Plan, itis estimated they will total $14,520.00.

4.3 Attorney's Fees: The balance of the fees owed to the attorney for the debtor, in the amount of $3,000.00, shall be paid through the Plan.

4.4 Priority claims other than attorney's fees shall be paid as follows:

Creditor Name Amount to be paidUNITED STATES TREASURY $ 275.01_________________________ _______________

4.5 Domestic support obligations that have been assigned to or are owed to a governmental unit and will bepaid less than the full amount of the claim under 11 U.S.C. § 1322(a)(4).

None

PART 5: TREATMENT OF NONPRIORITY (GENERAL) UNSECURED CLAIMS

5.1 Allowed nonpriority unsecured claims (not separately classified) will be paid as follows:

9.74% of the total allowed amount of these claims, an estimated payment of $ 1,170.63

5.2 Maintenance of payments and cure of any default on nonpriority unsecured claims with a final paymentdue after the final Plan payment, pursuant to 11 U.S.C. § 1322(b)(5):

None

5.3 Separately classified nonpriority (general) unsecured claims:

None

PART 6: EXECUTORY CONTRACTS AND UNEXPIRED LEASES

6.1 The executory contracts and unexpired leases listed below are assumed and will be treated as specified.All other executory contracts and unexpired leases are rejected.

None

PART 7: VESTING OF PROPERTY OF THE ESTATE

7.1 Property of the estate will vest in the debtor upon:[X] Plan confirmation [ ] entry of discharge [ ] other (specify: __________)

PART 8: NONSTANDARD PLAN PROVISIONS

8.1 Nonstandard provisions in the Plan: None

8.2 Other requirements applicable to implementation of this Plan: Pay additional funds to prior attorney

II. RELIEF UNDER EMBEDDED MOTIONS

1. If relief has been sought under Part 3 of the Plan, then, pursuant to Vt. LBR 3015-1(b)(1)(A-D), thedebtor has either obtained or been denied a separate Order pertaining to that relief as follows:

None

ORDER

III. DUTIES OF THE DEBTOR AND TRUSTEE DURING THE PLAN TERM

IT IS HEREBY ORDERED:

1. The chapter 13 trustee is authorized to, and shall, commence disbursements immediately, in accordancewith the Plan, except that the trustee shall not begin disbursing mortgage payments until the mortgagecreditor files a proof of claim or the Court orders otherwise.

2. (a) The chapter 13 trustee shall not perform the duties specified in 11 U.S.C. § 1302(c) unless this Courtorders him to do so.

(b) If the debtor is operating a business, as defined in 11 U.S.C. § 1304(a), the debtor shall perform theduties as specified in 11 U.S.C. § 704(a)(8) and file periodic reports of the debtor’s operations(“Operating Reports”) in the form and frequency as the Court directs, pursuant to 11 U.S.C. § 1304(c).

(c) The debtor shall timely file all required federal and state tax returns, pay all taxes when due, and

[ ] the debtor shall provide copies of all tax returns (including any requests for an extension or filingdeadlines) to the chapter 13 trustee within 14 days of filing them with the taxing authorities, or

[X] upon request of the chapter 13 trustee, at any time while the case is pending, the debtor shall providecopies of all requested tax returns (including requests for an extension of filing) to the trustee withinten (10) days of the chapter 13 trustee’s request.

3. The debtor shall remain current on all post-petition domestic support obligations and the debtor’s failureto pay post-petition domestic support obligations may constitute cause for conversion to chapter 7, ordismissal of the case under 11 U.S.C. § 1307(c).

4. Nothing in the Plan or in this Order shall be construed to limit the chapter 13 trustee’s rights in anyadversary proceeding filed under 11 U.S.C. §§ 544, 545, 547, 548 or 549.

5. If the debtor is operating a business without a tax account, the debtor shall open a separate bankaccount and promptly deposit into it all sums withheld from employees’ wages and all employer payrolltaxes, and shall make no disbursements from such account except to pay tax liabilities arising frompayment of wages.

6. In the event this case is converted to chapter 7, and the chapter 13 trustee possesses funds aggregatingmore than $2,500 at the time of conversion, the chapter 13 trustee shall forward all such funds to thedebtor, in care of the debtor’s attorney, if any, after ten (10) days from the first scheduled § 341(a)meeting in the chapter 7 case, unless, prior to that date, the chapter 7 trustee files and serves a writtenobjection pursuant to 11 U.S.C. § 348(f)(2). In the event the funds in the chapter 13 trustee’s possessionat such time aggregate $2,500 or less, or in the event this case is dismissed, the chapter 13 trustee shallforward all funds in the chapter 13 trustee’s possession to the debtor in care of the debtor’s attorney, ifany. Nothing in this paragraph constitutes a determination of the rights of any particular party in suchfunds.

7. In the event a proof of claim for a priority claim or secured claim to be paid in the Plan is filed in anamount greater than that provided for under the Plan and, after notice of the filed claims, the debtorneither objects to the claim nor modifies the Plan to pay it in full, the term of the Plan, to the extent it isless than 60 months, shall be extended up to 60 months as necessary to pay that claim in full.

8. In the event a proof of claim for a priority claim or secured claim to be paid in the Plan is filed in anamount less than that provided for under the Plan, the difference between the amount provided for theclaim in the Plan and the proof of claim shall be added to the dividend to be paid to unsecured creditors.

9. In the event the Plan calls for the curing of a mortgage arrearage, the trustee will commencedisbursements for the mortgage arrearage claim as soon as the trustee has brought current the regularmortgage payments and paid all attorney’s fees due under the Plan. The amount of each disbursementon the mortgage arrearage claim will vary depending on the amount of funds the trustee has on hand inthe case and the number and amount of fixed monthly payments the trustee is obligated to make underthe Plan.

10. If the amount actually due a secured or administrative creditor over the term of the Plan is less than theamount allocated to that administrative expense or secured claim in the Plan then, upon a stipulation ofthe debtor and chapter 13 trustee, the debtor may be authorized to use the funds available from thisreduced amount due to cure a Plan payment arrears which arose during the last year of the Plan term.

11. The debtor is enjoined from incurring any debt in excess of $2,500, while in a chapter 13 case, exceptthat if the debtor obtains the chapter 13 trustee's consent, the debtor may (a) borrow up to $18,000 forthe purchase, or enter an agreement committing to pay $300 per month for the lease of a motor vehicle;or (b) up to $7,000 to pay extraordinary expenses necessary to support the debtor's health and generalrefund. See Vt. LBR 4001-5(b)&(c).

12. The debtor is also enjoined from selling any asset having a value of greater than $2,500, without theprior written and filed consent of the chapter 13 trustee or an order of this Court.

13. (a) Unless waived by the chapter 13 trustee in writing, the debtor shall immediately report to the chapter13 trustee any actual or projected increase in gross annual income of 10% or more above the grossincome stated by the debtor in the most recently filed Schedule I.

(b) Except for those amounts listed in the schedules, the debtor shall report immediately to the chapter13 trustee any right of the debtor or co-debtor to a distribution of funds (other than regular monthlyincome) or of property which exceeds a value of $2,500. This includes the right to disbursementfrom any source, including but not limited to bonuses and inheritances. Any such funds to which thedebtor or co-debtor become entitled shall be held by the debtor and not used without the trustee’sconsent or order of this Court.

14. (a) If the debtor has recently filed a tax return for a pre-petition tax period (with a federal taxing authorityincluding but not limited to the Internal Revenue Service or any state taxing authority),

(i) the taxing authority which received that return may amend its claims after confirmation, and(ii) the amount of any amended claim shall control the amounts to be paid, notwithstanding the

amounts reflected in the Plan or this Order, unless the trustee or debtor files an objection tothat amended proof of claim within 60 days of the filing date of the post-confirmation proof ofclaim and that objection is sustained.

(b) To the extent the allowed claim of the taxing authority is higher than the amount of the claim in thisOrder, the debtor shall move to modify the Plan, within 60 days from the date of the filing of the proofof claim, or after a ruling on any objection to the amended proof of claim, whichever is later, to paythat tax claim in full.

IT IS FURTHER ORDERED that notwithstanding any provision in the Plan to the contrary, the entry ofthis Order grants no relief that is only available through an adversary proceeding pursuant to Federal Rule ofBankruptcy Procedure 7001(6), including but not limited to an exception from discharge for a student loan debtunder 11 U.S.C. § 523(a)(8).

IT IS FURTHER ORDERED that:

1. The debtor shall timely pay the trustee, and the trustee shall timely disburse all payments, required bythe Plan and described above.

2. The Plan dated October 17, 2017, and as described above, is CONFIRMED.

3. All attorney's fees the debtor seeks to pay through the Plan are APPROVED.

4. [X] There were no objections to confirmation of the Plan.[ ] Objections to the Plan filed by ____________________ are hereby overruled for the reasons statedon the record at the hearing or by separate order or memorandum of decision.

5. Other provisions: ______________________

____________________________________________________________, 2018 Colleen A. BrownBurlington, Vermont United States Bankruptcy Judge

VTB Form X 03/2018 See Vt. LBR 7016-1

UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT

_________________________________ In re: ___________________, Chapter _______

Debtor(s). Case # ________ ____________________________ [Plaintiff’s Name],

Plaintiff, Adversary Proceeding v. # _____________

[Defendant’s Name]. Defendant.

__________________________________

JOINTLY PROPOSED SCHEDULING ORDER

1. Pursuant to Fed. R. Civ. P. 26(f), made applicable by Fed. R. Bankr. P. 7026(f), a meeting of the parties to this proceeding was held on [date]. The participants were:

_____________________________ for plaintiff _____________________________ [name of attorney] [name of party]

_____________________________ for defendant _____________________________ [name of attorney] [name of party]

2. It is agreed that the above-captioned adversary proceeding is (choose one):

_____a core proceeding pursuant to 28 U.S.C. § 157(b)(2), over which this Court has constitutional authority to enter a final judgment; or

_____a proceeding related to a case under Title 11 as to which all the parties have consented to the entry of final orders or judgment by this Court, pursuant to 28 U.S.C. § 157(c)(2); or

_____a proceeding related to a case under Title 11 as to which all the parties have not consented to the entry of final orders or judgment by this Court, pursuant to 28 U.S.C. § 157(c)(2); or

_____a core proceeding, pursuant to 28 U.S.C. § 157(c)(2), but is one over which, pursuant to Stern v. Marshall, 1325 S. Ct. 56 (2011), this Court lacks constitutional authority to enter a final judgment, and, either:

_____the parties consent to this Court’s entry of a final order, or

_____the parties do not consent to this Court’s entry of a final order; and instead seek proposed findings of fact and conclusions of law, analogous to those issued

VTB Form X 03/2018 See Vt. LBR 7016-1

_____ pursuant to 28 U.S.C. § 157(c)(2) and Bankruptcy Rule 9033, consistent with the Amended Standing Order of Reference issued June 28, 2012. (If this applies only to some causes of action, specify which ones.)

3. The parties propose that the following dates govern this adversary proceeding:

a. The parties ____will / ____will not appear at the Court’s scheduling conference.

If so, the parties request that the Court not enter a scheduling order pursuant to Fed. R. Bankr. P. 7016(b) until such scheduling conference occurs.

b. The parties will make their Fed. R. Bankr. P. 7026(a)(1) disclosures by [date].

c. The parties will file all supplements to disclosures and responses, pursuant to Fed. R. Bankr. P. 7026(e), by [date].

d. The parties will file all motions relating to joinder of parties, claims, or remedies, class certification, and amendment of the pleadings by [date].

e. Depositions: [set forth any unusual provisions re depositions, e.g., the following:]

i. _____The parties anticipate they will need to take at least _____(number) depositions and waive the 10-deposition limit set out in Rule 30(a)(2)(A)(i).

ii. _____All depositions will be videotaped, and the parties need to state that fact in each notice of deposition.

iii. _____The parties agree that the deposition of ______ (name of witness) will take in excess of the seven-hour limit on depositions established by Rule 30(d)(1), and the deposition of (name of witness) may take up to ___ (number) seven-hour days.

iv. _____The parties will identify their expert witnesses in writing, and file that writing, on or before [date]. Expert depositions shall be completed on or before [date].

f. Interrogatories: The parties each agree to serve no more than _____ (number) interrogatories (rather than the 25-interrogatory limit under Rule 7033(a)(1))

g. Production of documents. [Set forth any unusual provisions re documents.]

i. _____The parties concede that many of the documents necessary for trial preparation contain trade secrets, proprietary information, or confidential business information the parties do not wish to have disclosed to the public. No later than [date], the parties will negotiate the terms and procedures for a Stipulated Protective Order for the Court’s consideration.

ii. _____Other: [describe].

h. _____The initial disclosures will merely describe relevant documents, identifying all documents the party wishes to submit under the protection of the Stipulated Protective Order. Copies of the documents identified in the initial disclosures will actually be exchanged ____ (number) days following the Court’s entry of the Stipulated Protective Order. No Request for Production of Documents under Rule 34 may be served until ____ (number) days after this voluntary exchange of documents.

VTB Form X 03/2018 See Vt. LBR 7016-1

i. Electronically Stored Information (“ESI”) : The parties agree to the following provisions regarding ESI:

i. _____The parties agree that disclosure or production of ESI will be limited to data reasonably available to the parties in the ordinary course of business.

ii. _____ The parties agree that ESI will be produced in the following format and media: [set forth production format(s), e.g., paper documents, image files such as PDF or TIFF, inclusion of metadata, native or near-native formats].

iii. ______The parties agree that ESI will be produced using the following procedures: [describe the procedure for exchange of ESI].

iv. _____The parties agree that reasonable measures have been (or will be) taken to preserve potentially discoverable data from alteration or destruction in the ordinary course of business. [describe the procedures used for preserving potentially discoverable data].

v. _____ The parties have identified the following issues or problems that may arise in connection with electronic or computer-based discovery: [describe].

j. The parties will complete discovery by [date]. The parties reserve the right to seek additional time for discovery or to revise other provisions of this Schedule.

k. Alternative Dispute Resolution ___ will / ___will not be used. If it is being used, it will commence no later than [date], and the parties will file the Alternative Dispute Resolution Report by [date].

l. The parties will file all dispositive motions by [date].

m. The parties will file a Stipulation of Facts and Joint Final Pre-Trial Statement by [date].

n. The parties request a final pre-trial conference not earlier than [date].

4. The parties propose the following changes in the limitations imposed upon discovery pursuant to Fed. R. Bankr. P. 7026: [describe].

5. The parties request the following items be added to the scheduling or litigation procedures in this proceeding: [describe].

_____________________________ _____________________________ Dated: Attorney for Plaintiff _____________________________ _____________________________ Dated: Attorney for Defendant

VTB Form X 03/2018 See Vt. LBR 7016-1

SCHEDULING ORDER IT IS HEREBY ORDERED that the dates proposed by the parties, and as set out above, are

approved.

IT IS FURTHER ORDERED that the parties shall appear at a final pre-trial conference on

_______________________in the Bankruptcy Judge’s chambers at the U.S. Bankruptcy Court at

_______________, Vermont.

SO ORDERED.

_________, 20__ _______________________________ Burlington, Vermont Colleen A. Brown United States Bankruptcy Judge

1

UPSOLVE Pro Bono Bankruptcy in a Box

[www.upsolve.org]

Upsolve’s Mission

Upsolve works with legal aid organizations to make simple chapter 7 cases more manageable for pro bono attorneys, and to provide free, competent, and easily accessible legal services to low income individuals who need a bankruptcy discharge but can’t afford to hire an attorney.

Upsolve’s Background & Funding

Upsolve spun out of Harvard Law School’s Access to Justice Lab in 2016. It is a not-for-profit funded by the Legal Services Corp, with grants from various sources including Harvard, Yale and Princeton Universities, and the American College of Bankruptcy Foundation.

How Upsolve Works: A 6-Step Process

First, debtors pass through an online screener to see if Upsolve is a good fit for them:

Only potential debtors who meet these criteria are eligible for relief through Upsolve: i. are individuals, ii. meet the poverty limit and other eligibility criteria of the Legal Services Corp, iii. do not own real estate, iv. would be filing a simple no-asset chapter 7 case, v. do not want to reaffirm any debts (other than for a vehicle), and vi. are not seeking any legal relief other than a bankruptcy discharge.

Second, debtors make an account, using the Upsolve web app, and complete 3 steps online:

i. fill out their info (using a user friendly, graphically explanatory, turbo tax-like set of questions),

ii. take $15 credit counseling course (using vendor recommended by Upsolve), and iii. take pictures of their pay stubs.

Third, after debtors get through Upsolve’s web app, and appear to be eligible for relief, Upsolve orders their credit reports, tax returns, and populates the bankruptcy forms.

Fourth, Upsolve sends the bankruptcy forms to a pro bono attorney, who

i. determines whether the debtor should file a no asset chapter 7 bankruptcy case, ii. reviews the bankruptcy petition, schedules and forms for accuracy, iii. completes the exemption schedule, and iv. provides limited pro bono assistance to the debtor.

2

This “limited assistance” includes reviewing the fee waiver application and helping the debtor gather the documents the debtor needs to send to the chapter 7 trustee, in an envelope, so the debtor can pop that into the mail as soon as the trustee is appointed.

Fifth, the debtor signs the forms and files the bankruptcy case pro se. Upsolve attaches notice of pro se assistance with the name of legal aid org.

Sixth, Upsolve guides the debtor through the post-filing ($10) financial management course and helps them prepare for the § 341 meeting (including sending reminders of that meeting).

The Upsolve Team

Co-Founders: bankruptcy attorney Jonathan Petts* and former Harvard Law School researcher Rohan Pavuluri

Advisory Board: Hon. Henry Callaway, Hon. Judith Fitzgerald (ret), Hon. Robert Gerber (ret), Hon. Allan Gropper (ret), NABT President Ronald Peterson

Additional Services Upsolve Provides

Pro bono attorney recruitment Pro bono attorney training Community outreach to publicize program Live chat support for debtors

Current Upsolve Operations

14 States: Arizona, California, Connecticut, Florida, Idaho, New Jersey, New York, Maine, Washington, Ohio, Wisconsin, Pennsylvania, Nevada, and Vermont.

Vermont Implementation

Stacey Francese at Vermont Law Lines will oversee Upsolve implementation in Vermont. Upsolve will go live in Vt as soon as local attorneys are trained; aiming for April 2018. * Jonathan Petts will be in Vermont to train attorneys at VLSP, and to attend the Bankruptcy

Court’s Bench-Bar Meeting, on April 11, 2018.

For Further Information

contact Jonathan Petts at Jonathan@upsolve.org, review online screening materials at www.upsolve.org see: www.marketwatch.com/story/this-startup-has-created-a-turbotax-equivalent-for-

bankruptcy-2017-10-09 and https://www.washingtonpost.com/outlook/what-happens-when-you-cant-afford-to-go-bankrupt/2018/03/02/343fd882-1d8e-11e8-9de1-147dd2df3829_story.html?utm_term=.f85d143c4604